Obligations 733513
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Description
This subject considers the nature and foundations of the law of obligations through the study of four different categories of obligation:
- obligations arising from exchange transactions (contracts);
- the obligation not to mislead or deceive in trade or commerce (misleading conduct);
- the obligation not to cause harm through inconsistent conduct (estoppel); and
- the obligation to restore unjust gains (restitution or unjust enrichment).
Topics will include:
- the nature of private law obligations and the relationship between obligations and property;
- the nature and foundations of contractual obligations,
- the formation of contracts (the requirements of agreement, consideration, intention to create legal relations, certainty and capacity);
- formalities and the creation of equitable interests in property;
- the doctrine of privity (by whom and against whom contractual obligations are enforceable);
- the statutory wrong of misleading or deceptive conduct in trade or commerce;
- the principles of estoppel (the nature of equity, equitable and common law estoppel and the creation of property interests by way of estoppel); and
- the law of unjust enrichment (the nature of the law of restitution, money claims, claims in respect of services and defences).
PreRequisites
Legal Method and Reasoning.
